(a)

Except as otherwise provided herein, when any building or structure is hereafter constructed; or structurally altered so as to increase the number of dwelling units or hotel rooms to increase its total commercial floor area, including provision of outdoor seating; or when any building or structure is hereafter converted to any of the uses listed in subsection 90-77(c), off- street parking spaces shall be provided in accordance with the requirements of subsection 90-77(c), or as required in subsequent sections of this article. The requirement for an increase in the number of required parking spaces shall be provided on the basis of the enlargement or change of use.

(b)

Parking compliance for properties and uses located in SD-B40 zoning district and for religious places of public assembly in other areas of the town.

(1)

Off-street parking applicability. This section applies to:

a.

Uses within the SD-B40 zoning district where changes of use from service businesses to restaurant or retail occur; and

b.

Religious places of public assembly located within the area depicted on the Public Assembly Places as set forth in subsection 90-41(d)(23) hereinabove.

(2)

Options to satisfy parking requirements for uses specified in (1) above. Satisfaction of the off-street parking requirements may be achieved with the permission of the town commission through compliance with any combination of the following options:

a.

On site provision of required parking spaces as more specifically set forth in subsection 90-77(c);

b.

Tandem parking as more specifically set forth in subsection 90-77(d);

c.

Joint use and off-site facilities as more specifically described in section 90-80. If parking is satisfied by agreement with a private third party, the town shall require an agreement in writing for an effective period of no less than five years. No less than 60 days prior to the expiration of such agreement, either a new agreement shall be in place or the owner of the property for which the parking is being provided shall receive the town's approval of the employment of one of the other prescribed options contained in this subsection. Failure to secure the town's approval of one or a combination of the prescribed options shall result in revocation of the owner's certificate of occupancy and certificate of use;

d.

Shared parking; or

e.

Payment of parking trust fee that can be used to finance the provision of parking whether through the purchase, construction or modification of parking facilities or to otherwise provide for additional parking as more specifically set forth in subsection 90-77(b)(4).

(3)

Modification of parking requirements. In tandem with the use of options (2)c—e to satisfy parking requirements, requests may be made for a reduction in the minimum parking requirements which may be considered by the town upon receipt of an application from the owner of the site seeking a reduction as follows:

a.

Minor reductions. Requests for a reduction of one to three required parking spaces may be approved by the town manager in consultation with the town planner as a de minimus reduction upon a finding that the applicant has utilized the options available in subsection 90-77(b)2) above, to the greatest extent feasible. If the request is denied by the town manager, that decision may be appealed to the town commission.

b.

Major reductions. The planning and zoning board shall hear requests for reductions in parking in excess of the town manager's authority under subsection (3)a hereinabove. Such requests shall be accompanied by a report prepared by the town manager and town planner and approved for legal sufficiency by the town attorney, analyzing existing and future parking demands, the availability of underutilized public parking spaces, and traffic circulation. The report prepared by the town manager and town planner and approved for legal sufficiency by the town attorney will be based upon an independent study completed by a professional traffic engineer licensed in the State of Florida.

c.

Criteria for approval of major or minor reduction. Requests for reduction may be approved, in whole or in part, upon a finding that there is sufficient available parking that is open to the public and is judged adequate to accommodate the parking reduction request within 300 feet of the subject property along a practical and usable pedestrian route excluding residential districts.

If the request is denied by the planning and zoning board, that decision may be appealed to the town commission.

(4)

Parking exemption. There is hereby created a "parking exemption program".

a.

Program. For the period from July 10, 2018 to July 10, 2020, first floor properties in the SD-B40 zoning district which are vacant as of July 10, 2018 - through and including July 10, 2020 shall not be required to provide parking spaces, beyond those currently provided for the property, for any additional parking spaces required by the following:

1.

The development of currently vacant existing first floor square footage for a change of use to retail or restaurant use which creates a requirement for additional parking spaces;

2.

The development of a new sidewalk café in conjunction with a new retail or restaurant occupancy in currently vacant space;

3.

The development of second floor square footage for a change of use to retail or restaurant use which creates a requirement for additional parking spaces provided the second floor area is an integral part of and accessed solely from the interior of a connected first floor space.

b.

Application required. To qualify for the parking exemption program, a parking exemption application must be submitted, in a form to be approved by the town, with all supporting documentation as required by the application.

c.

Eligibility for program.

1.

Only properties vacant between July 10, 2018 and July 10, 2020, as identified by the town's downtown vacancy inventory dated July 10, 2018 and updated July 1, 2019, are eligible for the program. Notwithstanding the inventory as of the effective date of this article, the town manager may add eligible properties to the inventory during the term of the parking exemption program without further action of the commission.

2.

The application for a parking exemption, and all supporting documents, including any applicable certificate of use, building permit or development approval applications, shall have been submitted and deemed to be complete by the town prior to the program expiration, and all required permits received and the retail or restaurant space subsequently built and opened to the public within one year from approval of parking exemptions.

3.

Eligibility is limited to first floor square footage which was existing and vacant between July 10, 2018 and July 10, 2020, which is changing use and will be utilized for retail, restaurant, or new sidewalk café space in conjunction with the new retail or restaurant occupancy of currently vacant space, or the occupancy of existing vacant second floor space for retail or restaurant use in conjunction with, and which is an integral part of and accessed solely from, the interior of a currently vacant connected first floor space.

d.

Program guidelines.

1.

Program duration. The parking exemption program shall last from July 10, 2018, to July 10, 2020. Notwithstanding the foregoing, the town commission, may, for any reason and in its sole discretion, discontinue this parking exemption program at any point during the duration of the program.

2.

This program does not allow the elimination of any existing parking spaces and exemptions cannot be obtained to replace existing parking.

3.

This program may not be used for new construction, expanded building area or for independently accessed, stand-alone second floor square footage.

4.

Once parking exemptions are awarded, failure to complete construction and open to the public within one year of approval of any parking exemptions shall result in forfeiture of any parking exemptions obtained.

5.

Status following end of program.

i.

Nonconforming. At the end of the parking exemption program, all retail, restaurant, and sidewalk café area built under the parking exemption program will become nonconforming use as to parking, and shall be subject to the requirements of the nonconforming use provisions of the Town's Code of Ordinances. Notwithstanding the foregoing, retail, restaurant and sidewalk café; uses which were granted parking exemptions under this program may be completely remodeled or rebuilt without providing additional parking, as originally permitted through the parking exemption program, as long as it is the same business and use and the retail floor area or restaurant seating capacity is not increased. If floor area or seating capacity are increased, compliance with the parking requirements in effect at that time is required for the new floor area or seating capacity, through a mechanism available in the Code then in effect.

ii.

Availability of exemptions to successor businesses. Parking exemptions are granted to a specific business for a specific use and are not assignable or transferable to another business, use, or property.

(5)

Parking trust fee. The off-street parking requirements may be complied with by paying into the downtown parking trust fund the sum of money that is the product of the number of parking spaces required but not provided, multiplied times the amount of the established fee per parking space. The parking fee amount shall be calculated on a "per parking space" standard, based upon a portion of the cost of the land, combined with the cost of design and construction, for a single structured off-street parking space. The established fee per parking space shall be determined by the town manager and approved by resolution of the town commission, as may be amended from time to time. All required parking fees shall be paid by a one-time payment prior to the issuance of a building permit.

Parking fees collected pursuant to this subsection shall be deposited into the parking trust fund established in subsection 90-77(b)(5). The fund shall be used to facilitate the provision of public off-street parking and infrastructure improvements related to parking including, but not limited to, the following activities:

a.

Acquire fee simple or other interests in land, and other real property for parking purposes;

b.

Construct, maintain, operate, lease, manage, purchase, or otherwise provide off-street parking facilities for public use including all labor and materials, cost of interest and financing, and all other such reasonable costs;

c.

Provide public information to enhance parking utilization including publicity campaigns, graphics and signage, and other informational devices;

d.

Coordinate plans for parking facility improvements and expansion with public transportation plans and operations in the vicinity;

e.

Provide accessibility to off-street parking facilities by suitable means such as public shuttle, tram or trolley service and related physical improvements such as bus shelters and right-of-way modifications; and

f.

Perform such other related activities as may be necessary to carry out the intent of this subsection.

The success and financial feasibility of providing any such shuttle, tram, bus, or trolley service, as provided herein, shall be subject to annual evaluation by the town commission. Funds deposited in the Parking Trust Fund shall be made available to the town commission for the purposes set forth in this subsection, after review and recommendation by the town manager to the town commission and approval by the town commission.

(6)

Parking trust fund. There is hereby established a trust fund to be entitled the "Town of Surfside Parking Trust Fund," to be maintained and administered by the Town Manager. Any new construction, addition, alteration or rehabilitation on property within the SD-B40 district or religious place of public assembly or any that creates an increase in off-street parking requirements under Section 90-77 (c) may propose satisfying those requirements for off-street parking by providing a payment-in-lieu as established in the most current fee resolution approved by the Town Commission as follows:

a.

Where the new construction, addition, alteration or rehabilitation creates a demand for off-street parking of ten or fewer parking spaces;

b.

For new construction, additions, alterations or rehabilitations that create an off-street parking demand greater than ten spaces, a developer may propose a payment-in-lieu to satisfy the requirement for ten percent of the overall required off-street parking spaces, over and above the ten spaces permitted in subsection (a). Acceptance of the payment-in-lieu to satisfy the parking requirement is at the discretion of the town commission. When reviewing development plans that propose a payment-in-lieu, the town commission will consider any relevant information including, the existing supply of public parking spaces supporting the use, current parking occupancies and plans for construction or expansion of public parking facilities.

(c)

Required parking table. The number of off-street parking spaces that shall be required to serve each building or structure and use shall be determined in accordance with the following table:

(d)

Tandem parking.

(1)

For residential projects of greater than 60 dwelling units, parking spaces may be provided as tandem spaces, provided, however, a minimum of one unencumbered parking space, tandem or regular, must be provided for each dwelling unit and valet parking service shall be provided at all times. One visitor parking space for each 15 dwelling units unless tandem parking with valet services is provided in which case one visitor space for each 20 units is required.

(2)

For hotel and suite-hotel uses, tandem parking spaces within a parking structure may be permitted for 100 percent of the required off street parking other than handicapped spaces, provided, however, all uses having tandem spaces must provide 24-hour valet parking service and all applications for use of tandem parking must be approved by the town commission and the applicant must enter into an agreement, recorded in the public records at the expense of the owner, which shall run with the land and shallbind the heirs, successors, and assigns of said owner, which requires all developments having any tandem parking spaces to provide 24-hour valet parking service.

(e)

Municipal parking—Use of property in town government capacity The provisions of this article (Off-Street Parking and Loading) shall not apply to the use of any property by the town in any government capacity, function or purpose. This exemption shall also apply to setbacks and lot coverage requirements as set forth in section 90-49 hereinabove.

(f)

Parking lifts. For the purposes of this section, "parking lifts" shall be defined as an electro-hydraulic mechanism in a multifamily residential building or in a non-residential building that lifts a parked passenger vehicle to make space available to park a passenger vehicle below it in a single vertical tandem fashion. A parking lift space may be counted as a parking space required by subsection 90-77(c), and shall not be subject to the minimum parking stall size requirements of subsection 90-81.1(1) provided that all of the following conditions are fulfilled:

(1)

A traffic queuing analysis shall be submitted by the owner of the building for parking areas using parking lifts, for review and approval by the Town Manager, to ensure efficient processing times and queue lengths. The number of parking lifts permitted to be counted as required parking spaces shall be determined by the approved queuing analysis; and

(2)

All parking lifts shall be located within a fully enclosed parking garage and shall not be visible from exterior view. No outside parking lifts shall be permitted; and

(3)

Parking lifts shall be permitted only when operated by an attendant or a licensed and insured valet parking company on a 24-hour/seven-days-a-week basis, to be confirmed by restrictive covenant to be recorded by the owner/applicant prior to establishment of the use; and

(4)

No resident, guest, patron or customer of the building shall be permitted to operate the parking lift. A physical barrier shall be placed in the parking area to prohibit access to the parking lift area by residents, guests, patrons or customers of the building; and

(5)

All parking lifts shall be maintained and kept in good working order; and

(6)

The parking lift platform must be sealed and of a sufficient width and length to completely cover the bottom of the vehicle on the platform to prevent dripping liquids or debris onto the vehicle below; and

(7)

All lifts must be designed so that power is required to lift the car, but that no power is required to lower the car, in order to ensure that the lift can be lowered and the top vehicle can be accessed in the event of a power outage; and

(8)

All parking lifts must be designed to prevent lowering of the lift when a vehicle is parked below the lift; and

(9)

Ceiling heights of any parking level with parking lifts shall be a minimum of 14 feet 4 inches and sufficient to accommodate all types of passenger vehicles. Such required height shall be proposed in the traffic queuing study and approved by the town manager. There shall be no beams, plumbing, or sprinklers that lower or otherwise interfere with this clearance across the entire span of the parking space; and

(10)

Noise and vibration barriers shall be utilized to ensure that surrounding walls decrease sound and vibration emissions outside of the parking garage.

(g)

No automated parking system, other than the parking lifts defined in subsection 90-77(f) shall be permitted as a required parking space unless first approved as a conditional use by the planning and zoning board at a public hearing following the procedures in section 90-35 of the Town Code.

(h)

Electric vehicle charging capability. All new multifamily or hotel development with 20 or more units shall provide access to 220 volt capability throughout the garage to offer charging opportunities to residents and guests as needed.

(Ord. No. 1542, § 2, 12-8-09; Ord. No. 1550, § 2, 3-9-10; Ord. No. 1556, § 2, 7-13-10; Ord. No. 1558, § 2(Exh. A), 8-10-10; Ord. No. 1563, § 2, 11-9-10; Ord. No. 1585, § 2, 1-17-12; Ord. No. 1591, § 2, 8-15-12; Ord. No. 1617, § 2, 3-11-14; Ord. No. 1625, § 2, 8-12-14; Ord. No. 18-1686, § 2, 7-10-18; Ord. No. 19-1702, § 2, 9-10-19 )

(a)

The parking required herein is in addition to space required for the loading and unloading of trucks or other vehicles used in connection with a business, commercial, or industrial use.

(b)

Where fractional spaces result, the parking spaces required shall be construed to be the next highest whole number.

(c)

The parking space requirements for a use not specifically listed in this Section shall be the same as for a listed use of similar characteristics of parking demand generation.

(d)

In the case of mixed uses, uses with different parking requirements occupying the same building or premises, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.

(e)

Where a place of public assembly, as defined in section 90-2 of this Code, has been in existence for at least ten) years and a variance from the parking requirements of this chapter is requested, hardships pertaining to the variance request shall not be considered self-created for purposes of consideration of the merits of the variance request.

(Ord. No. 1491, § 2(Exh. A), 5-13-08; Ord. No. 1542, § 2, 12-9-09; Ord. No. 1558, § 2(Exh. A), 8-10-10)

90-79.1 Off-street parking spaces in H30A and H30B districts shall not be located in a required front yard except as follows:

(1)

Driveway space for access to parking areas or garages located in a required front yard.

(2)

It shall be unlawful to park vehicles of any type in private driveways or front yards in said districts unless they belong to the occupant of such residence, a member of his immediate family, a resident of the household residing on the property, or a bona fide guest or visitor thereof.

(3)

When an automobile vehicle or motorcycle has been parked in violation of this section intermittently or continuously during a period of three weeks and such vehicle is registered in the name of a person other than to the occupant of the property, a member of immediate family or a resident of the household residing on the property, it shall constitute in evidence a presumption that such vehicle is unlawfully parked in violation of this section.

(4)

No trailer of any type may be kept in any required yard continuously for more than seventy-two (72) hours, except as may be provided in sections 90-64 and 90-65. All trailers must display a valid license plate and registration decal as required by state law, be in operating condition and be supported by fully inflated tires on functioning wheels.

90-79.2 Where off-street parking spaces serve an existing permitted structure located in the H30C, H40 or H120 districts and occupy all or portions of the required front yard, such use may be continued until the existing structure is removed.

90-79.3 No motor vehicle, as defined by state law, shall be kept in any unpaved area of any lot or parcel in the town.

90-79.4 No motor vehicle, as defined by state law, which is not in operating condition or which does not have a valid registration and a valid license plate decal properly displayed, as required by state law, shall be kept in any paved area of any lot for more than 30 days.

90-79.5 The off-street parking of trucks and other commercial vehicles, in excess of what is commonly known as a three-fourth-ton truck or vehicle, or any other equipment used for commercial purposes, is prohibited in anywhere in the town, except in the SD-B40 wherein the vehicle is in the process of making an expeditious delivery, rendering services to the premises (such as electrical, plumbing or yard work) or continuously and completely enclosed within the confines of a permitted garage.

90-79.6 Except in the H120 zoning district, the elevation of the lowest finished floor of the lowest level of any parking garage or structure shall be no lower than grade. No underground, below grade or basement parking garage or structure is allowed in any zoning district other than in the H120 zoning district.

(Ord. No. 1558, § 2(Exh. A), 8-10-10; Ord. No. 24-1781, § 2, 8-13-24)

90-80.1 All parking spaces required herein shall be located on the same lot with the building or use served, except that where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two or more buildings or establishments, the required spaces may be located and maintained not to exceed 300 feet from the building served.

90-80.2 Where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, a deed restriction or covenant thereby assuring their retention for such purposes shall be properly drawn and executed in recordable form by the parties concerned, approved as to form by the town attorney, and shall be filed with the application for a building permit.

(Ord. No. 1558, § 2(Exh. A), 8-10-10)

90-81.1 Minimum area.

(1)

For the purpose of these regulations, except as provided below, off-street parking spaces shall not be less than nine feet by 18 feet, exclusive of driveways, for the temporary storage of one automobile. Aisles shall have dimensions as set forth in the Zoning Code of Miami-Dade County entitled "Minimum Parking Stall Dimensions," except as may be set forth below. Such parking spaces shall be connected with a street or alley by a driveway which affords ingress and egress without requiring another automobile to be moved. Handicapped parking spaces shall be consistent with Florida Accessibility Code requirements.

(2)

Minimum area for tandem parking. When tandem parking is provided in accordance with subsection 90-77(c), dimensions for tandem parking spaces shall be eight and one-half feet depth by 16 feet width with a maximum stacking of two vehicles with a parking aisle of at least 22 feet.

90-81.2 In all instances, adequate interior driveways and ingress and egress driveways shall be provided to connect all parking spaces with a public street or alley. Where a parking space heads into and abuts a sidewalk, the paved length shall be curbed in order to prevent extension of the vehicle over the sidewalk. Required parking shall comply with these provisions and such parking cannot be placed in dedicated or official rights-of-way. Private, noncommercial off-street parking shall be reserved exclusively for the tenant or owner and their customers and employees, unless otherwise approved as a result of a public hearing.

90-81.3 Drainage and maintenance. Off-street parking facilities shall be drained to prevent damage to abutting property and/or public streets and alleys and surfaced with a minimum of at least one inch of asphalt concrete or a wearing surface on a six inch compacted lime rock base. Off-street parking areas shall be maintained in a clean, orderly, and dust free condition at the expense of the owner or lessee and not used for the sale, repair, or dismantling or servicing of any vehicles, equipment, materials or supplies.

90-81.4 Separation from walkways and streets.

(1)

For properties designated H30A and H30B and for properties designated H40 east of Harding Avenue, off-street parking spaces shall be separated from walkways, sidewalks, streets or alleys by a minimum five foot planted strip.

(2)

For properties designated H40, H30C, and H120, off-street parking spaces shall be separated from walkways, sidewalks, streets or alleys by a wall, fence or curbing or other approved protective device.

90-81.5 Entrances and exits. Not more than one entrance or exit, not exceeding 12 feet in width, shall be permitted for every 50 feet of width of the parking lot.

90-81.6 Marking. Parking space sin lots of more than ten spaces shall be marked by a painted line or other: to indicate individual spaces; a curb or stop shall be provided at each parking space. Signs or markers shall be used as necessary to ensure efficient operation of the lot.

90-81.7 Lighting. Adequate lighting shall be provided if off-street parking spaces are to be used at night. As provided in section 90-61, the lighting shall be installed, maintained and regulated so as to reflect the light away from adjoining property and avoid annoyance to such premises.

90-81.8 Screening. Off-street parking lots with capacity for six or more vehicles shall provide along the lot lines, except for ingress and egress, a visual screen with a height of not less than two feet or more than three feet. Such screen shall consist of a compact evergreen hedge.

90-81.9 Extensions in certain districts. Underground facilities in all districts except H30A and H30B district used primarily for off-street parking spaces may extend into the side and rear yards to the property lines, provided the top surface of such extensions is not more than five feet above grade. However, where such extensions are used for driveways leading to building entrances, the top surface of such extensions shall not be more than eight feet above grade. In all cases the front yard setback shall be landscaped in accordance with the landscape requirements of this Code.

90-81.10 Vehicular queuing. On-site vehicular queuing shall conform as a minimum to the following standards. The town manager or his designee reserves the right to modify vehicular queuing requirements if deemed necessary based on individual circumstances and so as to cause the least practical interference with the use of adjacent property and with the movement of pedestrian or vehicular traffic.

(1)

Vehicular queuing for public charter school facilities. Automobile stacking space, defined as that space in which pickup and delivery of children can take place, may be provided in the form of specified parking stalls and/or areas clear of vehicular drive aisles. Stacking space shall be provided for a minimum of two automobiles for charter schools with 20 to 40 children; schools with 41 to 60 children shall provide four spaces; thereafter there shall be provided a space sufficient to stack five automobiles.

(2)

Vehicular queuing for educational and child care facilities, nonpublic. Automobile stacking space, defined as that space in which pickup and delivery of children can take place, shall be provided for a minimum of two automobiles for schools with 20 to 40 children; schools with 40 to 60 [children] shall provide four spaces: thereafter there shall be provided a space sufficient to stack five automobiles.

90-81.11 Access to state roadways. Projects that have direct or immediate access or is within one-half block of Collins Avenue. Harding Avenue or 96th Street shall be subject to the review and approval by FDOT for compliance with FDOT standards. Site plan applications subject to this provision shall include a letter from FDOT as part of the site plan submittal.

90-81.12 On-site circulation. There shall be safe, adequate, logical and convenient arrangement of pedestrian walkways, bikeways. roadways, driveways, driving aisles and off street parking and loading spaces on-site. The town manager or his designee reserves the right to modify on-site circulation if deemed necessary based on individual circumstances and so as to cause the least practical interference with the use of adjacent property and with the movement of pedestrian or vehicular traffic.

(Ord. No. 1542, § 2, 12-8-09; Ord. No. 1558, § 2(Exh. A), 8-10-10)

Except as otherwise provided in this chapter, when any building or structure is hereafter erected or structurally altered to the extent of increasing the floor area by 25 percent or more, or any building is hereafter converted for the uses listed in Column 1 of the chart below, when such buildings contain the floor areas specified in Column 2, accessory off-street loading spaces shall be provided as required in Column 3 and subsequent sections of this article.

(Ord. No. 1558, § 2(Exh. A), 8-10-10)

The loading space requirements apply to all districts but do not limit the special requirements which may be imposed in connection with other articles of this chapter.

(Ord. No. 1558, § 2(Exh. A), 8-10-10)

90-84.1 Minimum size. For the purpose of these regulations, a loading space is a space within the main building or on the same lot, providing for the standing, loading or unloading of trucks, having a minimum width of 12 feet, a minimum depth of 30 feet, and a vertical clearance of at least 14½ feet.

90-84.2 Drainage and maintenance. Off-street loading facilities shall be drained to eliminate standing water and prevent damage to abutting property and/or public streets and alleys and surfaced with at least one inch of asphalt concrete as a wearing surface on a six inch compacted lime rock base.

(Ord. No. 1558, § 2(Exh. A), 8-10-10)